Privacy

We do not collect more information than we need to fulfil our stated purposes and will not retain that information for longer than is necessary.

The list below provides a general overview of the types of information we collect and why. This is not an exhaustive list but gives an indication of the types of information we collect.

In general, the information that we collect, hold and share includes:

• personal information (such as name, date of birth, NHS number, addresses, contact details);
• characteristics (such as gender, ethnicity, language, medical conditions, nationality, country of birth);
• details of the medical records and health of patients including current and previous GP practice details;
• specific information relating to safeguarding.

By providing us with your contact details, you are agreeing for us to use these ways to communicate with you about your care, for example, by letter (address), by voice-mail or voice message (telephone or mobile number), by text message (mobile number) or by email (email address).

We are a legal entity, set up under the Companies Act 2006 to provide goods and services for the purposes of the health service. We act as Social Care Providers and provide community care services.

As such our business is based upon statutory powers which underpin the legal bases that apply for the purposes of the UK GDPR.

Personal data

We collect and use your personal information in the delivery of direct care under the following primary lawful basis:

Article 6(1)(e) – processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us as a Data Controller, and the task or function has a clear basis in law;

In certain circumstances, we may also process information under the following articles –

Article 6(1)(c) – processing is necessary for compliance with a legal obligation to which we as a Data Controller are subject, for example where we have a specific legal obligation that requires the processing of personal data such as processing Subject Access or Freedom of Information requests;

Article 6(1)(d) – where processing is necessary to protect the vital interests of the data subject or another person, for example the processing is necessary to protect someone’s life;

Article 6(1)(b) – processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;

Article 6(1) (a) – where you have given us consent for us to process your personal data for a specific purpose;

Special category data

As part of the Hever Care Limited’s statutory and corporate functions, we process special category data and criminal offence data in accordance with the requirements of Article 9 and 10 of the UK General Data Protection Regulation (‘GDPR’) and Schedule 1 of the Data Protection Act 2018 (‘DPA 2018’).

Where we process special category data, for example data concerning including health, racial or ethnic origin, or sexual orientation, we need to meet an additional condition in the UK GDPR. Where we are processing special category personal data for purposes related to the commissioning and provision of health services the condition is:

Article 9(2)(h) – processing is necessary for the purposes of preventive or occupational medicine, for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services.

In certain circumstances, we also process special category data under the following articles –

Article 9(2)(c) – where processing is necessary to protect the vital interests of the data subject or of another natural person. An example of our processing would be using health information about a patient in a medical emergency;

Article 9(2)(b) – processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of employment and social security and social protection law;

Article 9(2)(f) – for the establishment, exercise or defence of legal claims. Examples of our processing include processing relating to any tribunal or other litigation. Hever Care Limited may also process personal data for the purpose of, or in connection with, legal proceedings (including prospective legal proceedings), for the purpose of obtaining legal advice, or for the purpose of establishing, exercising or defending legal rights;

Article 9(2)(g) – processing is necessary for reasons of substantial public interest;

Article 9(2)(a) – explicit consent – in circumstances where we seek consent, we make sure that the consent is unambiguous and for one or more specified purposes, is given by an affirmative action and is recorded as the condition for processing. For example, for some special projects that we may undertake.

Criminal conviction data

Article 10 UK GDPR covers processing in relation to criminal convictions and offences or related security measures. In addition, section 11(2) of the DPA 2018 specifically confirms that this includes personal data relating to the alleged commission of offences or proceedings for an offence committed or alleged to have been committed, including sentencing. This is collectively referred to as ‘criminal offence data’.

We understand that sharing information about you is a sensitive topic, however on occasions it is necessary for us to allow others to see your personal data. We will never sell your information and are committed to being transparent with you about where we legally share information, the reason why and who with. The information below gives an overview of routine sharing that we undertake.

We routinely share information with internal and external health professionals directly involved with your care. We may share your personal information with NHS organisations, or the Local Authority for health and care purposes.

This may include NHS Trusts, or other providers of NHS services including for example general practitioners (GPs), ambulance services and primary care agencies. We may also need to share information from your health record for the purposes of evaluating the quality of care that we provide, for example with professional bodies and regulators in accordance with our statutory obligations.

External organisations

We may need to share information from your health records with other non-NHS organisations, such as Social Services if you are also receiving care or support from them, to ensure that the services you receive are appropriate.

These non-NHS organisations may include, but are not restricted to:

• Social Services
• Education services
• Local authorities
• The Police
• Voluntary sector providers
• Private sector providers.

All members of staff employed by these agencies are bound by the common law duty of confidentiality which means that information that you provide to us must be held in confidence and not shared with anyone else.

We may also be asked by other statutory bodies to share basic information about you, such as your name and address – but not sensitive information from your health records. When this happens, it is normally because it will assist them to carry out their statutory duties and it is lawful for us to do so.

On occasions we may be required by law to provide information about you for any of the following purposes:

• the prevention or detection of crime,
• the apprehension or prosecution of offenders, or
• the assessment or collection of any tax or duty or of any imposition of a similar nature.

We are not obliged to inform you when this happens.

Your information may be accessed and shared internally by our staff in the event of routine enquiries, complaints about us or where we are required to do so by law, for example processing subject access requests, financial transactions, maintaining our accounts and prevention of fraud.

Hever Care (HCL) does not keep records for longer than necessary and all records are destroyed securely once their retention period has been met. HCL has adopted the NHS England Records Management Code of Practice for Health and Social Care 2021 which sets out the appropriate length of time each type of NHS record is retained for.

Phone call recordings are kept for 90 days.

All personal information is stored on HCL IT systems on secure servers or in secure cabinets in protected areas and offices etc. We have policies and procedures in place to ensure your information is kept safe and secure, including appropriate access and auditing controls and strict security measures concerning both electronic and paper records.

HCL use anti-virus software and firewalls to protect against cyber-attack. Unfortunately, the transmission of information via the internet isn’t completely secure. Although we’ll do our best to protect your personal information, we cannot guarantee the security of information you may send to us that is outside of our security arrangements, for example via your personal email accounts etc.

Please see our leaflet ‘Communicating by email Or SMS text’.

Your information is not sent outside the United Kingdom or the European Union unless the recipient has the same level of legal responsibility as we do under UK law.

HCL has successfully passed this year’s data guardian’s security standard.

Data Security and Protection Toolkit standards met certificate 2023/24.

Organisations who access patient data and systems must complete the online self-assessment every year. This provides assurance that good data security is being followed and personal information is handled correctly. Required evidence is submitted and audited by NHS England.

Hever Care Limited takes the rights of individuals very seriously and will support you in enacting any of these where they apply. You have rights relating to your personal information and can find more information about these rights on the Information Commissioner’s Office website www.ico.org.uk.

Under data protection legislation, you have the right:

• to be informed of the uses of your data – this enables you to be informed how your data is processed
• of access – this enables you to have sight of or receive a copy of the personal information held about you and to check the lawful processing of it
• to rectification – this enables you to have any incomplete or inaccurate information held about you corrected
• to erasure – this enables you to request we erase personal data about you we hold. This is not an absolute right, and depending on the legal basis that applies, we may have overriding lawful grounds to continue to process your data
• to restrict processing – this enables you to ask us to suspend the processing of personal information about you, for example, if you want us to establish its accuracy or the reason for processing it
• to data portability – this enables you to transfer your electronic personal information to another party, where appropriate
• to object– this enables you to object to processing of personal data about you on grounds relating to your particular situation. The right is not absolute and we may continue to use the data if we can demonstrate compelling legitimate grounds
• in relation to automated decision making and profiling – this enables you to be told if your data is being processed using automated software in relation to automated decision making and profiling.

HCL has a responsibility to comply with any request made under an individual right as detailed in UK GDPR within one calendar month. In some circumstances this time frame may be extended by an additional two calendar months but this must be communicated to you within the first month following receipt of a valid request.

In most circumstances there will be no charge for the trust to comply with any of request relating to your rights under UK GDPR, however in certain circumstances we may charge a ‘reasonable fee’ for the administrative costs of complying with a request if: it is manifestly unfounded or excessive; or. an individual requests further copies of their data following a request.

If you wish to exercise any of your rights as outlined above, you should in the first instance contact the IG team:

IG / DPO
Hever Care Limited,
C/O 2 Turnbull Place,
Riding Lane,
Hildenborough,
Kent, TN11 9LN

Tel: 01732 207 944
E-mail: Care.VNLVK@nhs.net.

Hever Care strives to meet the highest possible standards when collecting and using personal information. For this reason, we take any complaints we receive about this very seriously. We encourage people to contact our Data Protection Officer if they think that our collection or use of information is unfair, misleading or inappropriate. You can do this by emailing Care.VNLVK@nhs.net.

We would also welcome any suggestions for improving our processes or procedures by contacting our team.

Complaints to the Information Commissioner

If you are dissatisfied with the way we have handled your complaint or request and want to make a complaint, you may write to the Information Commissioner, who is an independent regulator. Any complaint to the Information Commissioner is without prejudice to your right to seek redress through the courts.

The Information Commissioner can be contacted at:

Information Commissioner Wycliffe House Water Lane Wilmslow Cheshire, SK9 5AF

08456 30 60 60 or 01625 54 57 45
Fax: 01625 524510
https://ico.org.uk/.

This privacy notice may change from time to time, for example if the law around privacy or personal information changes or for our own operational purposes. We encourage you to check for updates to this notice from time to time to remain informed about the way in which we use your information.

We collect certain information and/or data about you when you use this website. This can be from questions, queries or feedback you leave, transactions you make or from cookies we may use. This helps us to monitor and improve the site, respond to any feedback you may send us – if you have asked us to or provide you with other information. While using our website, we may ask you to provide us with personally identifiable information that can be used to respond to your query or for delivery purposes. The information required can vary between items/functions and may include, but is not limited to:

• your full name
• your address
• your email address
• your date of birth
• your NHS number.

When ordering or buying a product or service on our website, we may ask for personally identifiable information as outlined. Payments are dealt with independently by our payment supplier WorldPay on our behalf and no card details are kept by us. You are advised to review WorldPay’s privacy policy and terms and conditions before continuing with the transaction. The information you supply is used for billing, delivery and processing your order. You will receive an electronic confirmation of your order to the email you supply. We will also use this information to contact you regarding your order if necessary.

Like most websites, we collect non-personally identifying information about your interactions and use of www.kentcht.nhs.uk (and/or our other websites listed above). Cookies are small files saved to your computer that track, save and store this information The information that cookies may collect can be about:

• your computer and your visits to and use of this website, including your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views, website navigation details
• any transactions carried out between you and us on or in relation to this website, including information relating to any purchases you make of our goods or services
• the details that you provide to us for the purpose of registering with us
• the details that you provide to us for the purpose of subscribing to our website services, email notifications and/or marketing materials
• any other information that you choose to send to us.

Users are advised that if they wish to deny the use and saving of cookies from this website onto their computer’s hard drive, they should take necessary steps within their web browser’s security settings to block all cookies from this website and its external serving vendors. We use Google Analytics to analyse use of this website. Google Analytics generates statistical and other information about website use by means of cookies, which are stored on users’ computers. The information generated relating to our website is used to create reports about the use of the website. Google will store this information. Google’s privacy policy is available at https://www.google.com/privacypolicy.html.

Your knowledge and consent are required for the collection, use or disclosure of personal information except where required or permitted by law. Providing us with your personal information is always your choice. However, your decision not to provide certain information may limit our ability to provide you with our products or services. By using this site and submitting your information, you agree to the collection and use of the information in accordance with this policy. If you are supplying personal information on behalf of someone else, you must obtain that person’s explicit consent to both the disclosure and the processing of that personal information and their agreement to the storage and use of that data as set out in this privacy policy.

• We use Microsoft Forms for selected feedback surveys, please refer to their privacy policy for more details.
• We use Joy for professional and self-referrals using this service, please refer to their privacy policy for details.

Our website may contain links to other third party websites that are not governed by this privacy policy. Our privacy policy, will therefore, no longer apply once you leave our website. Additionally, we are not responsible for the privacy practices employed by these third party websites. Therefore, we suggest that you examine the privacy statements of those sites to learn how your information may be collected, used, shared and disclosed.

Communication, engagement and actions taken through external social media platforms with which this website and its owners participate are custom to the terms and conditions, as well as the privacy policies held with each social media respective platform. Users are advised to use social media platforms wisely and communicate/engage upon them with due care and caution in regard to their own privacy and personal details. This website may use social sharing buttons which help share web content directly from web pages to the social media platform in question. Users are advised before using such social sharing buttons that they do so at their own discretion and note that the social media platform may track and save your request to share a web page respectively through your social media platform account.

Using the Website is subject to the following terms of use:

• The content of the pages of the Website is for your general information and use only. It is subject to change without notice.
• The Website uses cookies to monitor your browsing preferences. By using the Website you agree to allow cookies to be used. The following personal information may be stored by us for analytical purposes:
  • your computer and your visits to and use of the Website (including your IP, address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation details)
  • any transactions carried out between you and us on or in relation to the Website, including information relating to any purchases you make of our goods or services
  • details that you provide to us for the purpose of registering with us
  • details that you provide to us for the purpose of subscribing to our website services, email notifications and/or marketing materials
  • any other information that you choose to send to us.
• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
• Your use of any information or materials on the Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to make sure that any products, services or information available through the Website meet your specific requirements.
• The Website contains material, which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
• All trade-marks reproduced in the Website which are not the property of, or licensed to Hever Care Limited, are acknowledged on the Website.
• Unauthorised use or reproduction of material on the Website may be a breach of copyright and give rise to a claim for damages and/or be a criminal offence.
• From time to time, the Website may also include links to other websites. These links are provided in good faith for your convenience to allow you to quickly access sources of further information. However the presence of these links does not signify that we endorse the website(s) and we have no responsibility for the content of the linked website(s).
• Your use of the Website and any dispute arising out of such use of the Website is subject to the laws of England and Wales.

When ordering or purchasing a product or service on the Website, we may ask you to supply certain information relevant to your purchase including, but not limited to, your:

• full name
• address
• phone number
• email address
• date of birth
• NHS number.

Payments are dealt with independently by our payment supplier WorldPay on our behalf and no card details are kept by us. The information you supply is used for billing and delivery purposes. If we have difficulty in processing your order, we will use this information to contact you.

We reserve the right, at our sole discretion, to modify or replace these terms and conditions at any time.

1. Introduction

• 1.1 These terms and conditions (“Terms”) govern the use of the at-home Health MOT service (“Service”) provided by Hever Care Limited (“Provider”).
• 1.2 By booking and using the Service, you agree to these Terms.

2. Scope of Service

• 2.1 The Service includes the assessment of key health indicators, including blood pressure, cholesterol levels, cardiovascular disease risk, body mass index (BMI), and lung capacity.
• 2.2 The Service is provided for general health and wellbeing purposes only and does not constitute medical diagnosis, treatment, or advice.
• 2.3 If you have any concerns about your health, you should consult your General Practitioner (GP) or a qualified healthcare professional.

3. Eligibility

• 3.1 The Service is available to individuals aged 18 and over.
• 3.2 You must provide accurate information about your health and medical history when requested.

4. Booking and Cancellation

• 4.1 Appointments must be booked in advance through the Provider’s designated booking system.
• 4.2 Cancellations must be made at least 24 hours before the scheduled appointment time.
• 4.3 If a cancellation is made within 24 hours of the appointment, or if you fail to attend or are not home during a planned visit, the full service fee will be chargeable.

5. Fees and Payment

• 5.1 The cost of the Service will be communicated at the time of booking.
• 5.2 Payment must be made in accordance with the Provider’s payment policies.
• 5.3 Failure to make payment may result in refusal of future bookings.

6. Limitation of Liability

• 6.1 The information provided through the Service is for informational purposes only and should not be relied upon as a substitute for professional medical advice.
• 6.2 The Provider is not responsible for any decisions or actions taken based on the results of the Health MOT.
• 6.3 To the fullest extent permitted by law, the Provider shall not be liable for any direct, indirect, incidental, or consequential damages arising from the use of the Service.

7. Data Protection and Confidentiality

• 7.1 Any personal data collected as part of the Service will be handled in accordance with the Provider’s Privacy Policy and applicable data protection laws.
• 7.2 Your health information will be kept confidential and will not be shared without your consent, except as required by law.

8. Amendments to Terms

• 8.1 The Provider reserves the right to amend these Terms at any time.
• 8.2 Any changes will be communicated to you and will take effect upon continued use of the Service.

9. Governing Law

• 9.1 These Terms shall be governed by and interpreted in accordance with the laws of England and Wales.
• 9.2 Any disputes arising out of these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

10. Contact Information

10.1 If you have any questions about these Terms or the Service, please contact us at via phone on 01732 207 944 or by e-mail to Care.VNLVK@nhs.net.